to which the penalty is imposed from the time of the filing of a certified copy of said judgment in the office of the register of deeds of the county in which said dwelling is situated, subject only to taxes, assessments and water rates and to such mortgage and mechanics' liens as may exist thereon prior to such filing; and it shall be the duty of the health officer or such other appropriate public official as the mayor may designate, upon the entry of said judgment to forthwith file a copy as aforesaid, and such copy, upon such filing, shall be forthwith indexed by the register of deeds in the index of mechanics' liens.

SEC. 105. Lis Pendens. In any civil action or proceeding instituted by the health officer, the plaintiff or petitioner may file in the office of the register of deeds of the county where the property affected by such action or proceeding is situated a notice of the pendency of such action or proceeding. Said notice may be filed at the time of the commencement of the action or proceeding, or at any time afterwards before final judgment or order, or at any time after the service of any notice or order issued by said health officer, or by such other appropriate public official as the mayor may designate. Such notice shall have the same force and effect as the notice of pendency of action in chancery affecting real estate. Each register of deeds with whom such notice is filed shall record it, and shall index it to the name of each person specified in a direction subscribed by the corporation counsel or city attorney. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding was instituted or is pending, or upon the consent in writing of the corporation counsel or city attorney. The register of deeds of the county where such notice is filed is hereby directed to mark such notice and any record thereof as cancelled of record, upon the presentation and filing of such consent or of a certified copy of such order.

SEC. 106. Registry of Owner's Name. Every owner of a dwelling and every lessee of the whole house or other person having control of a dwelling shall file in the health department a notice containing his name and address and also a description of the property, by street number or otherwise as the case may be, in such manner as will enable the said department easily to find the same; and also the number of apartments in each house, the number of rooms in each apartment and the number of families occupying the apartments.

SEC. 107. Registry of Agent's Name. Every owner, agent or lessee of a dwelling may file in the health department a notice containing the name and address of an agent of such house, for the purpose of receiving service of process, and also a description of the property by street number or other'wise as the case may be, in such manner as will enable the

health department easily to find the same. The name of the owner or lessee may be filed as agent for this purpose.

SEC. 108. Service of Notices and Orders. Every notice or order in relation to a dwelling shall be served five days before the time for doing the thing in relation to which it shall have been issued. The posting of a copy of such notice or order in a conspicuous place in the dwelling, together with the mailing of a copy thereof on the same day that it is posted, to each person, if any, whose name has been filed with the health department in accordance with the provisions of sections one hundred six and one hundred seven of this act at his address as herewith filed, shall be sufficient service thereof. SEC. 109. Service of Summons and Subpoena. In any action brought by the health officer or by such other appropriate public official as the mayor may designate, in relation to a dwelling for injunction, vacation of the premises or abatement of nuisance, or to establish a lien thereon or to recover a civil penalty, it shall be sufficient service of the summons or subpoena to serve the same as notices and orders are served under the provisions of the last section: Provided, That if the address of any agent whose name and address have been filed in accordance with the provisions of section one hundred seven of this act is in the city in which the dwelling is situated, then copy of the summons or subpoena shall be served upon such agent or shall be delivered at such address to a person of proper age, if upon reasonable application admittance can be obtained and such person found, and provided also that personal service of the summons upon the owner of such dwelling shall be sufficient service thereof upon him.

SEC. 110. Indexing Names. The names and addresses filed in accordance with sections one hundred six and one hundred seven shall be indexed by the health officer or by such other appropriate public official as the mayor may designate, in such a manner that all of those filed in relation to each dwelling shall be together and readily ascertainable. Said indexes shall be public records, open to public inspection during business hours.

SEC. 111. Enforcement. The provisions of this act shall be enforced in each municipality by the health officer, or by such other appropriate public official as the mayor may desig nate, except that the department of buildings, where such department exists in a municipality shall enforce the provisions herein contained under the title "Fire Protection" and the provisions contained in sections ninety-five, ninetysix and ninety-seven hereof. An action may also be brought and proceedings taken for the enforcement of this act by any taxpayer of said city.

SEC. 112. Powers Conferred. The powers conferred by this act upon the public officials heretofore in this act mentioned shall be in addition to the powers already conferred

upon said officers, and shall not be construed as in any way limiting their powers except as provided in section eight.

SEC. 113. Inspection of Dwellings. The health officer or such other appropriate public official as the mayor may designate, shall cause a periodic inspection to be made of every multiple-dwelling at least once a year.. Such inspection shall include thorough examination of all parts of such multipledwelling and the premises connected therewith. The health officer or such other appropriate public official as the mayor may designate, is also hereby empowered to make similar inspections of all dwellings as frequently as may be necessary. SEC. 114. Right of Entry. The health officer or such other appropriate public official as the mayor may designate, and all inspectors, officers and employes of the health department, and such other persons as may be authorized by the health officer, or by such other appropriate public official as the mayor may designate, may without fee or hindrance enter, examine and survey all premises, grounds, erections, structures, apartments, dwellings, buildings and every part thereof in the city. The owner or his agent or representative and the lessee and occupant of every dwelling and every person having the care and management thereof shall at all reasonable times when required by any such officers or persons give them free access to such dwellings and premises. The owner of a dwelling and his agents and employes shall have right of access to such dwelling at reasonable times for the purpose of bringing about a compliance with the provisions of this act or any order issued thereunder.

SEC. 115. Injunction; Undertaking. No preliminary injunction in relation to this act shall be granted against the health department or its officers except by the circuit court or a judge thereof after service of at least three days' notice together with copies of the papers upon which the motion for such injunction is to be made. Whenever such department shall seek any provisional remedy or shall prosecute an appeal it shall not be necessary before obtaining or pros ecuting the same to give a bond.

SEC. 116. Laws Repealed. All statutes inconsistent with the provisions of this act are hereby repealed. All charter provisions, regulations and ordinances of municipalities are hereby superseded insofar as they do not impose requirements other than the minimum requirements of this act, and except in case of such higher local requirements, this act shall in all cases govern.

SEC. 117. It is intended that this act shall be valid to the fullest extent possible and that its invalidity, if any, in any feature shall not render the remainder of it invalid or inoperative.

Approved May 2, 1917.

Section amended.

Funding of moneys.

Surplus.

Contingent fund.

Proviso, utility funds.

[No. 168.]

AN ACT to amend section twenty-two of chapter thirty of act number two hundred fifteen of the Public Acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class," being section three thousand two hundred thirty-four of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section twenty-two of chapter thirty of act number two hundred fifteen of the Public Acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class," being section three thousand two hundred thirty-four of the Compiled Laws of nineteen hundred fifteen is hereby amended to read as follows: SEC. 22. All moneys and taxes raised, loaned or appropriated for the purposes of any particular fund, shall be paid in and credited to such fund, and shall be applied to the purposes for which such moneys were raised and received, and to none other; nor shall the moneys belonging to one fund be transferred to any other fund, or be applied to any purpose for which such other fund is constituted, except when there shall be a surplus in any general fund at the close of any fiscal year. In such case the surplus may be transferred to the sinking fund, should there be a deficiency in that fund, otherwise the council may apply such surplus as they shall deem proper. Moneys not received or appropriated for any particular fund shall be credited to the contingent fund: Provided, That moneys raised or collected in any fund for operating expense, extension or construction of any municipally owned public utility, in excess of the expenditure requirements of that utility in any year, shall not be transferred to any other fund at the close of the fiscal year, except for the payment of bonds or obligations incurred on account of that utility, or to provide for replacements or extensions of that utility.

Approved May 2, 1917.

[No. 169.]

AN ACT making an appropriation for the State Highway Department for the payment of the additional State reward on trunk line highways, the building or repairing of bridges on such highways, making necessary repairs on such highways, and paying the salaries and running expenses incurred under the provisions of act number three hundred thirty-four of the Public Acts of nineteen hundred thirteen, as amended, for the fiscal years ending June thirty, nineteen hundred eighteen, and June thirty, nineteen hundred nineteen, and to provide a tax therefor.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated for the State High- State highway Department for the fiscal year ending June thirty, nine- ment, approteen hundred eighteen, the sum of six hundred thousand dol- priation." lars, and for the fiscal year ending June thirty, nineteen hundred nineteen, the sum of seven hundred thousand dollars, which sums so appropriated shall constitute a fund for the Purposes. payment of the additional State reward on trunk line highways, building or repairing bridges on such highways, making necessary repairs on such highways and paying the salaries and running expenses incurred under the provisions of act number three hundred thirty-four of the Public Acts of nineteen hundred thirteen, as amended. Any moneys remaining in this fund at the close of any fiscal year shall be carried over by the Auditor General and added to the funds which become available for the following year.

SEC. 2. The Auditor General shall incorporate in the State Tax clause. tax for the year nineteen hundred seventeen the sum of six hundred thousand dollars, and for the year nineteen hundred eighteen the sum of seven hundred thousand dollars, which amounts when collected, shall be credited to the general fund to reimburse the same for the moneys hereby appropriated. This act is ordered to take immediate effect. Approved May 2, 1917.